Decree No. 125/2003/ND-CP dated October 29, 2003 of the Government on international multi-modal transportation
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, October 29, 2003
ON INTERNATIONAL MULTI-MODAL TRANSPORTATION
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 30, 1990 Maritime Code of Vietnam;
Pursuant to the December 26, 1991 Law on Vietnam Civil Aviation and the April 30, 1995 Law Amending and Supplementing a Number of Articles of the Law on Vietnam Civil Aviation;
Pursuant to the April 20, 1995 Law on State Enterprises;
Pursuant to the March 20, 1996 Law on Cooperatives;
Pursuant to the May 20, 1998 Law on Domestic Investment Promotion;
Pursuant to the June 12, 1999 Law on Enterprises;
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Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the June 9, 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;
Pursuant to the June 29, 2001 Law on Customs;
Pursuant to the June 29, 2001 Law on Land Road Traffic;
At the proposal of the Minister of Communications and Transport,
Article 1.- Scope of regulation and subjects of application
1. This Decree prescribes international multi-modal transport activities of Vietnamese organiza-tions and individuals; foreign organizations and individuals investing in Vietnam and foreign enterprises registering international multi-modal transport business according to Vietnamese law.
2. In cases where the international treaties which Vietnam has signed or acceded to contain provisions different from those of this Decree, the provisions of such international treaties shall be complied with.
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Article 2.- Interpretation of terms and phrases
In this Decree, the terms and phrases below shall be construed as follows:
1. International multi-modal transportation (hereinafter referred to as multi-modal transportation for short) means the transportation of cargoes by at least two different transportation modes on the basis of a contract for multi-modal transportation from the place where the persons dealing in multi-modal transportation receive cargoes in one country to a place designated for cargo delivery in another country.
2. Multi-modal transportation dealers mean the enterprises which sign multi-modal transportation contracts, take self-responsibility for the performance of such contracts, but are neither agents nor representatives of cargo consignors or represent the carriers to participate in multi-modal transportation activities.
3. Multi-modal transportation contracts mean documents under which the multi-modal transportation dealers commit to implement, or organize the implementation of, multi-modal transportation and shall be paid with freightage.
4. Multi-modal transportation vouchers mean documents issued by multi-modal transportation dealers and evidences of multi-modal transportation contracts, certifying that the multi-modal transportation dealers have already received cargoes for transportation and committed to deliver those cargoes strictly according to terms of the signed contracts.
5. Carriers means the persons who conduct or commit to conduct part or whole of the transportation, regardless of whether they are multi-modal transportation dealers or not.
6. Cargo consignors mean the persons who sign multi-modal transportation contracts with multi-modal transportation dealers.
7. Cargo consignees mean the persons entitled to receive cargoes from multi-modal transportation dealers.
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